Prosecutor frames legal question over rule and statute coverage in early-disposition context

During argument on a motion for discretionary review, the state's attorney framed the central legal question as whether court rules or the RCW governing early disposition extend to the sentencing period.

The prosecutor told the bench that "there is a rule that matches statute" and that historically the rule did not cover sentencing but recent interpretation appeared to extend coverage beyond pretrial and trial. Counsel said there is little or no controlling Washington case law applying the RCW early-disposition statute through sentencing, and noted older decisions that required the state to make a "good-faith effort" to bring a defendant to trial before certain procedural relief would apply.

Counsel warned the court that unresolved questions about the rule and statute could lead to appeals after a full trial. The prosecutor said some of the merits had been touched on in briefing to show there is a legitimate issue for the court to consider under RAP 2.3(b)(4).

The court did not resolve the interpretation issue during the hearing; it took the matter under advisement and will issue a written ruling.